Brooklyn City Zoning Code
CHAPTER 1108
Signage
1108.01 PURPOSE.
Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement, and maintenance of signs, are established in order to achieve, among others, the following purposes and intent:
(a) To maintain high value residential districts and promote attractive public facilities.
(b) To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in non-residential districts by relating the size, type, and design of signs to the size and type of establishments.
(c) To eliminate any conflict between advertising signs and traffic control signs which would be hazardous to the safety of the motoring public or pedestrians.
(d) To control the design of signs so that their appearance will be aesthetically harmonious with an overall urban design for the area.
(e) To promote the most desirable developments and economic activity consistent with the objectives of the planning and development program of the City.
(Ord. 2022-34. Passed 1-9-23.)
1108.02 GENERAL REGULATIONS.
(a) Permitted, permitted with standards, and conditional uses may contain specific sign standards and requirements unique to the particular use. Those specific sign regulations shall control in the event of a conflicting sign standard set forth in this chapter.
(b) All signs hung and erected shall be plainly marked with the name of the person, firm, or corporation responsible for maintaining the sign.
(c) No sign shall be erected that will interfere with proper and convenient protection of property or with public safety.
(Ord. 2022-34. Passed 1-9-23.)
1108.03 EXEMPTED SIGNS.
The following signs are not subject to the provisions of this Zoning Code:
(a) Governmental signs (permanent or temporary), flags or banners erected and maintained by the City pursuant to and in discharge of any governmental function, or required by law, ordinance, or governmental regulation.
(b) Flags, emblems, and insignia of any governmental agency.
(c) Commemorative plaques placed by recognized historical agencies.
(d) Signs located inside a recreation center, stadium, open air theater, shopping center, arena, community center, or other use which signs can be viewed only be persons within such facility.
(Ord. 2022-34. Passed 1-9-23.)
1108.04 PROHIBITED SIGNS.
The following signs are prohibited in all zoning districts:
(a) Signs located in the public right-of-way.
(1) No sign shall be placed in any public right-of-way except a governmental sign, such as a traffic control or directional sign.
(2) Any sign placed in a public right-of-way or right-of-way easement in violation of this section may be removed by the City and stored in a City facility as directed by the Building Commissioner for a minimum of 120 hours and may thereafter be destroyed.
(b) Bench signs.
(c) Roof signs.
(d) Streamers or banners used by private or publicly held corporations unless permitted as a community activity or special event sign provided in this section.
(e) Exposed neon or skeleton tubing.
(f) Dynamic signs, unless expressly permitted in this section.
(g) Pole signs, unless expressly permitted in this section.
(h) Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs that are attached by magnetic or static decals or painted upon an integral part of the vehicle or equipment, as originally designed by the manufacturer, and do not break the silhouette of the vehicle.
(i) Mobile or portable signs.
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Figure 1108.04-1: Graphic Illustration of a Portable Sign
(j) Off-premises signs, including but not limited to billboards.
(k) Gas inflatable signs or devices.
(l) Any sign that employs parts or elements which revolve, rotate, whirl, scroll, spin, flash, have moving illumination, or otherwise make use of motion, lights, or similar electronic components, to attract attention except signs performing a service function such as indication of time, temperature, or similar services.
(m) Any sign that contains or consists of posters, pennants, ribbons, streamers, spinners, or other similar moving devices.
(n) Strings of lights that are used for the purpose of advertising or attracting attention when not part of a sign or holiday decorations.
(o) No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.
(p) Any sign that obstructs sight lines along any public way, traffic control lights, street name signs at intersections, or street sight lines or signals at railroad grade crossings.
(q) Any sign that is visible from the sight lines along a street and contains arrows or words such as "stop," "go," "slow," or the like.
(Ord. 2022-34. Passed 1-9-23.)
1108.05 PERMANENT SIGN REGULATIONS.
(a) Permitted Types of Permanent Signs. The following chart identifies the types of permanent signs that are permitted for each use category, with an "X" reflecting signs that are permitted and blank spaces reflecting signs that are prohibited.
TABLE 1108.05-1: PERMITTED SIGNS FOR EACH USE CATEGORY
Residential, Single and Two-Family | Residential, Multifamily | Public or Institutional Uses | Commercial Uses | Industrial Uses | |
Wall Sign | X | X | X | ||
Ground-Mounted Sign | X | X | X | X | X |
Projecting Sign | X | X | |||
Menu Board Sign | X | ||||
Directional or Informational Sign | X | X | X | X | |
Awning or Canopy Sign | X | X | X | ||
Window Sign | X | X | X
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(c) Residential Permanent Sign Regulations. The following table illustrates the quantity and dimensional requirements for each of the permanent sign types that are allowed for residential uses. Following the table are additional sign-specific regulations for the different types of permitted signs.
TABLE 1108.05-2: RESIDENTIAL PERMANENT SIGN REGULATIONS
Regulation | Residential, Single and Two-Family | Residential, Multifamily | |
Ground-Mounted Signs | Quantity | 1 per each primary entrance of a subdivision, up to a maximum of 2 | 1 per frontage |
Maximum Height | 5 feet | 5 feet | |
Maximum Area | 24 sq. ft. | 24 sq. ft. | |
Setback from Right-of-Way | 10 feet | 10 feet | |
Setback for side lot lines | 10 feet | 10 feet | |
Directional or Informational Signs | Quantity | N/A | No limit |
Maximum Height | N/A | 4 feet | |
Maximum Area | N/A | 4 sq. ft. | |
Setback from Right-of-way | N/A | 5 feet | |
Setback for side lot lines | N/A | 15 feet
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(1) Ground Mounted Signs.
A. The sign foundation shall be constructed of stone, brick, cultured stone, brick composite, or other similar material, unless otherwise approved by Planning Commission.
B. Residential development entrance signs may be mounted on an approved wall or fence if the proposed sign meets the applicable size and quantity regulations contained within this section.
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Figure 1108.05-1: Graphic Illustration of a Residential Development Entrance Sign
(2) Directional or Informational Signs. Directional and informational signs are permitted subject to the regulations contained within this section that direct and guide traffic and parking on private property, but which bear no advertising message, shall be permitted on any property.
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Figure 1108.05-2: Graphic Illustration of a Directional or Identification Sign
(d) Non-Residential Permanent Sign Regulations. The following table illustrates the quantity and dimensional requirements for each of the permanent sign types that are allowed for non-residential uses (public or institutional, commercial, and industrial). Following the table are additional sign-specific regulations for the different types of permitted signs.
TABLE 1108.05-3: NON-RESIDENTIAL PERMANENT SIGN REGULATIONS
Regulation | Public or Institutional, Commercial, and Industrial Uses | |
Ground-Mounted Sign | Quantity | 1 per frontage, maximum of 2 |
Maximum Height | 8 feet | |
Maximum Area | 1 sq. ft. per linear foot of frontage, maximum of 40 sq. ft. | |
Setback from Right-of-Way | 10 feet | |
Setback for side lot lines | 10 feet | |
Wall Sign | Quantity | No limit |
Maximum Area | 1.5 sq. ft. per each linear foot of the front building wall | |
Maximum Projection | 12 inches | |
Projecting Sign | Quantity | 1 |
Maximum Projection | 4 feet or 2/3 of the pedestrian way, whichever is less | |
Maximum Area | 8 sq. ft. | |
Required Clearance | 8 feet above pedestrian ways, 15 feet above vehicular ways | |
Menu Board Sign | Quantity | 2 per drive-through lane |
Maximum Height | 6 feet | |
Maximum Area | 32 sq. ft. per sign | |
Awning or Canopy Sign | Quantity | No limit |
Maximum Area | The size of awning and canopy signs are included in the overall calculation of allowable wall signage | |
Window Sign | Quantity | No limit |
Maximum Area | The size of window signs is included in the overall calculation of allowable wall signage - a maximum of 30% of each window may be covered by window signs | |
Directional or Informational Sign | Quantity | No limit |
Maximum Height | 4 feet | |
Maximum Area | 4 sq. ft. | |
Setback from Right-of-Way | 5 feet | |
Setback for side lot lines | 15 feet | |
(1) Ground-Mounted Signs.
A. The sign foundation shall be constructed of stone, brick, cultured stone, brick composite, or other similar material, unless otherwise approved by Planning Commission.
B. Ground mounted signs shall be set back a minimum of:
i. Ten (10) feet from all side property lines;
ii. Twenty-five (25) feet from any other lot containing a non-residential use;
iii. Fifty (50) feet from any residential zoning district or land use;
iv. 100 feet from any residential zoning district or land use if the sign contains digital changeable copy; and
v. Ten (10) feet from any street right-of-way and ten (10) feet from any interior access drives.
C. Ground-mounted signs must be located on the same lot to which they are an accessory use.
D. Ground-mounted signs that advertise multiple occupants shall have a coordinated appearance, and all individual occupants' panels shall be constructed out of the same materials.
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Figure 1108.05-3: Graphic Illustration of a Ground-Mounted Sign
(2) Wall Signs.
A. New wall signs shall be primarily constructed out of channel cut letters or other high-quality sign construction types, as determined by the Building Commissioner. Logos and graphic elements may also be used in conjunction with the letters used.
B. Wall signs shall not extend above the building wall vertically, including the coping and eaves of the building; or beyond the building wall horizontally to which it is attached.
C. If there are multiple occupants within the same principal building or structure, then the number of signs permitted shall apply to each separate occupant.
D. The sign shall be set back from the edge of the building wall and party wall lines a minimum of two (2) feet.
E. Signs with electronic changeable copy shall not be used as wall signs in any district.
F. No sign shall project over or obstruct the required windows or doors of any building or be attached to or obstruct a fire escape or interfere with any other safety provisions that may be further regulated by the adopted Building Code of the City.
G. The area of the wall sign(s) shall be computed by adding together the areas of the smallest rectangle that encompasses each major element of the sign, but not including the supporting frame or bracing.
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Figure 1108.05-4: Graphic Illustration of a Wall Sign
(3) Projecting Signs.
A. Projecting signs shall maintain an eight (8) foot height clearance over pedestrian walkways and a fifteen (15) foot height clearance over vehicular ways.
B. No part of a projecting sign shall be supported from an un-braced parapet wall.
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Figure 1108.05-5: Graphic Illustration of a Projecting Sign
(4) Menu Board Signs. A menu board sign is only permitted on a property that includes a use with an approved drive-through lane.
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Figure 1108.05-6: Graphic Illustration of a Menu Board Sign
(5) Awning or Canopy Signs.
A. The total square footage of all proposed window, awning, and canopy signs shall be included in the square footage of allowable wall signage. The amount of allowable wall signage for the building then will be the maximum amount of wall signage permitted minus the square footage of window signage, awning signage, and canopy signage.
B. Canopy signs may be located on the facia of the canopy or may be mounted to the top of the canopy as long as the canopy sign does not exceed the maximum height of the principal building.
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Figure 1108.05-7: Graphic Illustration of a Canopy Sign
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Figure 1108.05-8: Graphic Illustration of an Awning Sign
(6) Window Signs.
A. The total square footage of all proposed window, awning, and canopy signs shall be included in the square footage of allowable wall signage. The amount of allowable wall signage for the building then will be the maximum about of wall signage permitted minus the square footage of window signage, awning signage, and canopy signage.
B. For window signs, the area between four (4) feet, six (6) inches, and six (6) feet, six (6) inches above the finished sidewalk grade must be open and free of any and all signage and obstruction of view at all times without exception.
C. All window signs, permanent or temporary, must be considered when determining the maximum percentage of coverage that is allowed.
D. When there is more than one window, each window must meet the criteria for sign area and window coverage
E. For the purpose of this section, a window is defined as the area of glass within a frame sash, or the area separated by muntins or mullions.
F. Window signs shall only be permitted on the first floor of any building or structure.
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Figure 1108.05-9: Graphic Illustration of a Window Sign
(7) Directional or Identification Signs. Directional and informational signs are permitted subject to the regulations contained within this section that direct and guide traffic and parking on private property, but which bear no advertising message, shall be permitted on any property.
(Ord. 2022-34. Passed 1-9-23.)
1108.06 TEMPORARY SIGN REGULATIONS.
(a) Intent.
(1) The intent of this section is to recognize the individual or entity who or which occasionally desires to display a temporary message in conjunction with a permitted land use, and to provide the time, place and manner limitations allowing certain sign types for those purposes.
(2) It is further intended to recognize the negative affect temporary signs can have on the attractiveness of a community, including the deterioration of the natural environment, the clutter temporary signs contribute to the landscape, the distractions, and obstructions this sign type may cause to motorist, and the hazards that the aforementioned concerns may cause.
(3) Thus, this section is intended to establish regulations that allow portable and temporary signs without their becoming a nuisance to the community. Portable and temporary signs shall be permitted as an accessory use to a lawfully established principal, conditional, or nonconforming use conducted on the premise, subject to the limitations included in this Code. All portable and temporary signs shall comply with this chapter.
(b) General Temporary Sign Regulations.
(1) All electrical work and equipment involved with a portable or temporary sign shall conform to the National Electric Code (NEC).
(2) No portable or temporary sign shall be used as a permanent sign.
(3) It shall be the applicant's or owner's responsibility to maintain a portable or temporary sign in good condition. Signs or banners that are torn, damaged, faded, or otherwise in a state of disrepair must be immediately replaced or removed.
(4) It shall be the applicant's or the owner's responsibility to remove all portable and temporary signs when the time limit for the sign has expired.
(c) Location Regulations.
(1) Portable and temporary signs shall be permitted on the building face or in the yard adjacent to any building elevation facing a street, parking lot, drive through lane, or service drive.
(2) Portable and temporary signs shall be permitted only on the same lot or parcel as the business or activity for which it is displaying information.
(3) No temporary sign shall be placed in the right-of-way or attached to utility poles, or traffic control signs or devices.
(d) Permitted Types of Temporary Signs. Temporary signs permitted for each use category are those permitted according to the following table. Permitted temporary signs are identified with an "X" and signs that are not permitted are identified by a blank box.
TABLE 1108.06-1: PERMITTED TEMPORARY SIGNS FOR EACH USE CATEGORY
Residential, Single and Two-Family | Residential, Multifamily | Public or Institutional Uses | Commercial Uses | Industrial Uses | |
Portable Sandwich Board Sign | X | X | |||
Commercial Sign | X | X | X | ||
Non-Commercial Sign | X | X | X | ||
Residential Temporary Signs | X | X | |||
Construction Sign | X | X | X | X | X |
Pop-Up Business Sign | X | ||||
Attached Temporary Sign (Banner) | X | X | X | X | |
Human Sign | X | ||||
(e) Temporary Sign Regulations. The following table illustrates the general quantity, dimensional, setback and time restrictions for each of the temporary sign types.
TABLE 1108.06-1: PERMITTED TEMPORARY SIGNS FOR EACH USE CATEGORY
Residential, Single and Two Family | Residential, Multifamily | Public or Institutional Uses Commercial Uses Industrial Uses | |
Portable Sandwich Board Sign | |||
Quantity | N/A | N/A | 1 |
Maximum Height | N/A | N/A | 4 feet |
Maximum Area | N/A | N/A | 6 sq. ft. |
Maximum Timeframe | N/A | N/A | None |
Minimum Setback | N/A | N/A | 5 feet from right-of-way |
Ground-Mounted Commercial Sign | |||
Quantity | N/A | N/A | 1 per primary customer entrance |
Maximum Height | N/A | N/A | 5 feet |
Maximum Area | N/A | N/A | 8 sq. ft. |
Maximum Timeframe | N/A | N/A | 14 days with a required 45 day lapse between postings |
Maximum Setback | N/A | N/A | 5 feet from right-of-way |
Ground-Mounted Non-Commercial Sign | |||
Quantity | N/A | N/A | No limit |
Maximum Height | N/A | N/A | 3 feet |
Maximum Area | N/A | N/A | 6 sq. ft. |
Maximum Timeframe | N/A | N/A | None |
Maximum Setback | N/A | N/A | 5 feet from right-of-way |
Residential Temporary Sign | |||
Quantity | No limit | No limit | N/A |
Maximum Height | 4 feet | 4 feet | N/A |
Maximum Area | 24 sq. ft. per parcel - no sign can exceed 12 sq. ft. | 24 sq. ft. per parcel - no sign can exceed 12 sq. ft. | N/A |
Maximum Timeframe | No limit | No limit | N/A |
Minimum Setback | 5 feet from right-of-way | 5 feet from right-of-way | N/A
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Construction Sign | |||
Quantity | 1 per subdivison entrance | 1 per development entrance | 1 per frontage |
Maximum Height | 8 feet | 8 feet | 8 feet |
Maximum Area | 32 sq. ft. | 32 sq. ft. | 32 sq. ft. |
Maximum Timeframe | Permitted during active construction | Permitted during active construction | Permitted during active construction |
Minimum Setback | 25 feet from right-of-way and side lot lines | 25 feet from right-of-way and side lot lines | 25 feet from right-of-way and side lot lines |
Pop-Up Business Sign | |||
Quantity | N/A | N/A | 1 per frontage |
Maximum Area | N/A | N/A | 10% of the area of the facade, maximum 50 sq. ft. |
Maximum Timeframe | N/A | N/A | 60 days in any 120-day period, not to exceed three instances in any calendar year |
Attached Temporary Sign (Banners) | |||
Quantity | N/A | 1 per frontage | 1 per frontage |
Maximum Area | N/A | 10% of the area of the facade, maximum 50 sq. ft. | 10% of the area of the facade, maximum 50 sq. ft. |
Maximum Timeframe | N/A | 14 days with a required 45 day lapse between postings | 14 days with a required 45 day lapse between postings |
Human Sign | |||
Quantity | N/A | N/A | 1 per use |
Maximum Height | N/A | N/A | N/A |
Maximum Area | N/A | N/A | N/A |
Maximum Timeframe | N/A | N/A | 5 days within a 12-month period
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(1) Temporary Pop-Up Retail Business Sign. Commercial establishments that operate for a limited time duration or open for a seasonal nature shall be allowed temporary signage consistent with this chapter.
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Figure 1108.06-1: Graphic Illustration of a Banner Sign for a Pop-Up Retail Business
(2) Attached Temporary Sign. Attached temporary signs shall comply with the following provisions in addition to the regulations in the temporary sign regulations table.
A. The sign or banner shall be mounted flat against the façade of the building or structure so that no part of the sign or banner projects more than four (4) inches from the façade. The banner or sign must be secured, at a minimum at all four (4) corners.
B. The mounting location of the attached sign or banner shall not obstruct any ingress, egress, fire exits, or ventilation openings.
C. Attached temporary signs shall not be mounted on or to a roof, eaves, gutter, overhang, fence, wall, canopy, or awning.
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Figure 1108.06-2: Graphic Illustration of a Banner on a Business Frontage
(3) Human Sign.
A. Human signs, as defined within this code, are considered a temporary sign and are subject to all applicable sign standards and sign permit requirements.
B. Human signs are not permitted, in any manner, within the public right-of-way.
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Figure 1108.06-3: Graphic Illustration of a Human Sign or Sign Spinner.
(Ord. 2022-34. Passed 1-9-23.)
1108.07 SIGN MEASUREMENT STANDARDS.
(a) General Sign Measurement Standards. The area of the sign is determined by the dimensions of the background structure, unifying background area, or by the maximum dimensions of the display area if posted on a common background. The following standards shall be used to determine the area and height measurements for all signs erected or posted within the City.
(1) The area of the sign shall be computed by adding together the area of the smallest rectangle that will encompass each major element of the sign, but not including the supporting frame or bracing.
(2) The area of a sign composed of characters or words attached directly to a building wall shall be the smallest rectangle which encloses the entire group of characters or words.
(3) The area of a sign with more than one (1) face shall be computed by the dimensions of the largest single sign face. Any V-shaped sign where each of the sign faces can be viewed from one location shall have its area computed by adding each individual sign face to determine the total sign area.
(4) For irregularly shaped three-dimensional signs, the area of the display surface shall be measured on the plane of the largest vertical cross section.
(5) The height of the sign shall be determined by measuring the vertical distance between the highest point of the sign to the ground elevation at the base of the sign. If mounding was used for the purpose of raising up the base height of the sign, the ground elevation shall be determined from the established grade line and not the grade at the top of the mound.
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Figure 1108.07-1: Methods to Determine Sign Area Measurements
(b) Determination of Building Wall and Lot Frontage Measurements. When the maximum sign face is determined by the lineal distance of a building front wall, or portion of a building wall, the following measurement standards shall be followed:
(1) For multi-tenant buildings or structures, the lineal distance of the front building wall comprising the width of the tenant space only shall be used to determine the front building wall width.
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Figure 1108.07-2: Measurement of Building Frontage for a Tenant Space
(2) For a single use located on a corner lot building, forty percent (40%) of the building wall facing the secondary street may be included in the frontage width factor for that specific use.
(3) The "frontage of a lot" not occupied by a building means the number of lineal feet that abuts on the principal street.
(c) Determination of Sign Setback. The setback of a sign shall be measured from the vertical projection of the property line to the closest part of the sign.
(Ord. 2022-34. Passed 1-9-23.)
1108.08 SIGN ILLUMINATION STANDARDS.
(a) General Requirements.
(1) Signs may be externally illuminated, internally illuminated, backlit, or illuminated through down lighting unless otherwise provided for in this chapter.
(2) All externally illuminated signs shall employ steady, stationary, shielded light sources directed solely at the sign.
(3) Sign illumination is also subject to the lighting regulations in chapter 0.
(b) Non-Glare and Shielded Lighting. Use of glaring, unshielded, or undiffused lights or bulbs shall be prohibited. Lights shall be shielded so as not to project onto adjoining properties or roadways.
(c) Traffic Hazards. Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.
(d) Bare Bulb Illumination. Illumination by bare bulbs or flames is prohibited.
(e) Intensity. Illumination resulting from all signs and sign lighting on any property in a non-residential district shall not exceed one-half (½) foot candles at a height of five (5) feet when measured at any point on property in a residential zoning district or at any point on any road right-of-way.
(f) Electronic Signs. Electronic changeable copy signs utilizing a light-emitting diode display (LED), or liquid crystal display (LDC) shall be permitted subject to the following standards set forth:
(1) All electronic signs shall be subject to the review and approval of the Planning Commission.
(2) Electronic signs must be located at least 250 feet away from the nearest residential zoning district or land use.
(3) Scrolling, flashing, and moving animations are prohibited.
(4) A message must be displayed for a minimum duration of eight seconds before switching to the next message.
(5) Electronic signs shall be encased in brick, stone, cultured stone, brick composite, or similar material. This does not apply to electronic menu boards or electronic gas station prices that are located on a canopy fascia.
(6) Electronic signs shall have the capability to adjust intensity in response to ambient lighting conditions.
Figure 1108.08-1: Graphic Illustration of an Electronic Ground-Mounted Sign
(Ord. 2022-34. Passed 1-9-23.)
1108.09 SIGN LANDSCAPING REQUIREMENTS.
(a) Landscaping Requirements for Ground-Mounted Signs. All permanent ground- mounted signs shall require a single continuous landscaped area to be maintained beneath and around the base of the sign in accordance with the applicable regulations in Chapter 1107 and with the following standards:
(1) The minimum landscaped area shall maintain a minimum width of three (3) feet around the perimeter of the base of the sign, including all points where sign structural supports are attached to the ground.
(2) Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised, non-mountable curb suitable to prevent the encroachment of vehicles shall be required.
(3) The landscaped areas shall include vegetative plantings aesthetically located and maintained. The use of concrete, asphalt, or any other paved surface inside the required landscaped area shall be prohibited.
(4) A construction level detail landscape plan and landscape maintenance plan shall be submitted with the sign permit.
(5) Landscaping and perimeter buffering materials shall be fully installed on the site by completion of construction.
(b) Planting Extension. The required landscaping shall be planted within one (1) planting season after completion of construction of the sign. If that is not feasible due to weather conditions, the Planning Commission may grant an extension of the planting time frame.
(Ord. 2022-34. Passed 1-9-23.)
1108.10 SIGN CONSTRUCTION STANDARDS.
(a) All metal parts used in a sign or sign structure, including supports and braces, shall be galvanized or of corrosive-resistant material or painted with approved corrosive-resistant paint.
(b) When existing poles or structures are used for new sign installation, all parts shall be brought to like-new condition and shall be painted with approved rust and corrosion- resistant paint.
(c) No equipment, such as cables to support electric circuits, light fixtures, or guys, may be added to a sign structure or supports other than as approved by the Planning Commission and detailed in the sign permit materials. Brackets, wires, switches, and other materials required to illuminate the sign may be added.
(d) When a sign structure or supports are used in any manner other than outlined herein, certification by a licensed engineer shall be obtained to show the structure is capable of supporting the load.
(e) Projecting signs, such as marquee signs, shall not be installed on a building or structure unless the support has been designed specifically for the purpose of supporting a sign and approved by the Building Commissioner.
(f) All electrical signs shall be plainly marked on the bottom edge of the sign, using three- quarter (3/4) inch minimum letters with the erector's name, the voltage, amperes or watts, and the date of installation. All signs shall be adequately grounded.
(g) All wiring, fittings, and materials used in construction, connection, and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electric Code. Electric sign wiring shall be maintained in weather-proof condition during erection or alteration by use of permanent or temporary cover.
(h) When a sign is removed for any reason, a new sign permit for the future installation of any sign shall be obtained, or all mast arms, cables, guys of any nature, clips, brackets, and all structure of the old sign shall be removed with the sign.
(i) Glass in any sign shall be either double strength, plate, or wired glass.
(Ord. 2022-34. Passed 1-9-23.)
1108.11 MAINTENANCE OF SIGNS.
(a) Maintaining Sign Condition. All signs and sign structures shall be kept in good repair and in a proper state of preservation. If a sign is removed and not replaced, the property owner shall also remove any related sign equipment and accessories and the building, structure, or ground, shall be restored back to its original condition.
(b) Sanitation and Landscaping.
(1) Property surrounding any freestanding or ground-mounted sign shall be kept clean, sanitary, and free from noxious and offensive substances, weeds, debris, rubbish, and flammable material.
(2) All plant materials and other landscaping surrounding any sign shall be maintained on a regular basis, including pruning, mowing, watering, fertilizing, and replacement of dead and diseased materials.
(c) Inspection of Existing Signs. The Building Commissioner shall have the authority to routinely enter onto property to inspect existing signs for compliance with this chapter and compliance with the Ohio Basic Building Code.
(d) Correction of Defects.
(1) The sign owner shall be notified by the Building Commissioner of any defects or deferred maintenance requiring corrective action in writing.
(2) If any sign reaches a state of disrepair and is deemed unsightly or unsafe or abandoned by the Building Commissioner and is not properly renovated or otherwise brough into compliance with this chapter within thirty (30) days, it shall be condemned, and an order issued for its immediate removal by the sign erector, owner of the sign, or owner of the land.
(e) Nuisance Declaration. Any sign or other object placed, erected, constructed, reconstructed, or altered or permitted to remain on any premises in violation of this chapter is hereby declared to constitute a nuisance, and in addition to any penalty provided in this Code for such violation, the nuisance may be abated in the manner provided under the general laws of the State of Ohio and the Codified Ordinances of the City.
(Ord. 2022-34. Passed 1-9-23.)
1108.12 NONCONFORMING SIGNS.
(a) Effective Date.
(1) A permanent sign that is nonconforming as to the applicable sign regulations prevailing on the effective date of this Code, and that is legally erected in accordance with a valid sign permit, shall be construed as a legal nonconforming sign.
(2) A sign conforming as to the applicable sign regulations prevailing on the effective date of this Code, but which do not conform with the regulations of a subsequent amendment to this Zoning Code, shall also be construed as a legal nonconforming sign.
(b) Maintenance, Repair, and Alteration.
(1) Repairs. Ordinary repairs and nonstructural alterations may be made to a legal nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the requirements of this chapter.
(2) Additions and Enlargements. A legal nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the requirements of this chapter.
(3) Moving. No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, are made to conform to all requirements of this chapter.
(4) Restoration of Damaged Legal Nonconforming Sign.
A. If any legal nonconforming sign or part thereof is damaged or destroyed to more than fifty percent (50%) of its current reproduction value or is taken down, it shall not be rebuilt or relocated unless it is made to comply with the applicable regulations of this chapter and a sign permit application is approved by the Building Commissioner.
B. In the event that such damage or destruction is less than fifty percent (50%) of its current reproduction value, the sign may be repaired to its original size, location, and design. In order to maintain the legal nonconforming use status, all repairs or reconstruction shall be started within six (6) months from the date of the partial destruction and fully completed within three (3) months from the start of restoration or reconstruction activity.
(5) Sign Face Replacement. The Building Commissioner may issue a sign permit for the replacement of the face of a legal nonconforming wall sign or ground- mounted sign if such sign face area is not increased. Otherwise, a nonconforming sign shall not be altered or moved unless it is made to comply with this chapter.
(c) Discontinuance of Use or Abandonment of a Legal Nonconforming Sign.
(1) A legal nonconforming sign, the use of which is discontinued for a continuous period of 180 days, or more, shall thereafter conform to this chapter.
(2) When a nonconforming use status applies to a sign or sign structure, the removal or destruction of the sign or structure, shall eliminate the nonconforming status of the sign.
(3) Such removal of a nonconforming sign shall take place within thirty (30) days from the written notice from the Building Commission regarding such zoning violation.
(d) Removal of Signs Accessory to an Abandoned Use.
(1) Any sign accessory to an abandoned use shall be removed within fifteen (15) days of written notice by the Building Commissioner, by certified mail, to remove the sign and any supporting structure.
(2) Such notice shall be deemed sufficient if mailed to the last known address of the owner of the sign or to the address, as shown on the records of the county fiscal officer, of the owner of the property where the sign is located.
(3) A use shall be determined abandoned if it has ceased operations for at least 180 consecutive days.
(4) Seasonal businesses are exempt from this provision.
(e) Change of Use of a Nonconforming Sign. Where the business, land use, or entity associated with a legal nonconforming sign, at the time of the adoption of this chapter, thereafter, terminates or changes, such termination or change shall require termination of the nonconforming sign, and the use of such sign shall thereafter conform to the requirements of this chapter.
(f) Engraved and Similar Signs. Any sign, graphic or numeral display embossed, etched, engraved, or otherwise incorporated as an integral part of the original building's masonry architecture, which was in existence prior to the effective date of this chapter may be continued, provided that such sign, graphic or numeral display is maintained as originally designed and intended. (Ord. 2022-34. Passed 1-9-23.)
1108.13 REMOVAL AND DISPOSAL OF SIGNS.
(a) Abandoned Signs.
(1) Except as otherwise provided in this chapter, any on-premises sign which is located on property which use becomes vacant and unoccupied for a continuous period of ninety (90) days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to be abandoned.
(2) Permanent signs applicable to a business temporarily vacant because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a continuous period of ninety (90) days. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises
(b) Dangerous or Defective Signs. No persons shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises.
(c) Removal of Signs by the Property Owner. When a property owner, or anyone acting on behalf of a property owner, voluntarily removes any sign or supporting structure, the building or ground upon which the sign had been mounted or installed shall be restored to its original condition.
(d) Removal of Signs in Violation of the Zoning Code by the City.
(1) The Building Commissioner may cause to be removed any permanent, temporary, or portable sign in violation of this chapter or any sign for which no sign permit has been issued. The Building Commissioner shall prepare a notice which shall describe the sign and specify the violations involved and which shall state that if the sign is not removed or if each violation is not corrected within thirty (30) days, the sign shall be removed in accordance with the provisions of this section.
(2) All notices mailed by the Building Commissioner shall be sent by certified mail and regular. The notice shall be mailed to the owner of the property on which the sign is located as indicated by the most recent property owner information published by the county fiscal officer. The notice shall also be mailed to or delivered to the occupant of the property and the sign permit applicant. Any conformance time periods provided in this section shall be deemed to commence on the date of mailing of the certified mail. In the event the sign is not connected to a specific parcel, the Building Commissioner shall send notice to the individual or entity for which the sign message relates to.
(3) Any person having an interest in the sign, or the property may appeal the determination of the Building Commissioner ordering compliance, removal, or compliance by filing a written notice of appeal with the Board of Zoning Appeals, within ten (10) days after receipt date of the notice as determined by the returned certified mail confirmation. In the event the property owner or occupant fail to accept the certified mail announcement, constructive receipt shall be deemed to have occurred after fifteen (15) days from the certified notice mailing date.
(4) The Building Commissioner shall be, and hereby is expressly authorized to remove, without notice, any and all signs placed in or upon any tree lawn or other right-of-way area.
(5) Notwithstanding the above, in cases of emergency and to ensure public safety, the Building Commissioner may cause the immediate removal of a dangerous or defective sign without notice.
(6) Signs, flags, banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices, which are installed or erected, shall be removed immediately upon the notice methods provided in this section.
(e) Disposal of Signs by the City.
(1) Any sign removed pursuant to the provisions of this section shall become the property of the City and may be disposed of in any manner deemed appropriate by the City.
(2) The cost of removal of the sign by the City shall be considered an amount owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by levying an assessment against the property as hereinafter provided. Each such assessment shall be a lien against each lot or tract of land assessed, until paid, and shall have priority over all other liens except general taxes and prior special assessments.
(3) The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal.
(4) Signs removed by the City under this section shall be temporarily stored for a five (5) business-day holding period. These signs may be retrieved from the city by their owners during the holding period. After the five (5) business-day holding period, the signs may be disposed of or destroyed.
(Ord. 2022-34. Passed 1-9-23.)
1108.14 PENALTY.
(a) Any individual or entity violating any of the provisions of this chapter, for which no penalty is otherwise provided, is guilty of an unclassified misdemeanor and shall be fined not more than two hundred dollars ($200.00) for each offense.
(b) Each day that a sign is erected or maintained in violation of this chapter shall constitute a separate offense.
(Ord. 2022-34. Passed 1-9-23.)